Irving v Goulburn Mulwaree Council [2007] NSWLEC 671

Land and Environment Court of New South Wales

CITATION : Irving v Goulburn Mulwaree Council [2007] NSWLEC 671

APPLICANT Graham Irving PARTIES : RESPONDENT Goulburn Mulwaree Council

FILE NUMBER(S) : 10399 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- subdivision and construction of a retail and commercial building and associated parking - consistency with zone objectives - compliance with DCP 15 - vehicular access - streetscape - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Goulburn Local Environmental Plan 1990

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 ; Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 4, 5/09/07

DATE OF JUDGMENT: 16 October 2007

APPLICANT Mr A Pickles, barrister SOLICITORS bourke love mccartney young LEGAL REPRESENTATIVES: RESPONDENT Ms S Hill, solicitor SOLICITORS Susan Hill & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

16 October 2007

10399 of 2007 Graham Irving v Goulburn Mulwaree Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Goulburn Mulwaree Council (the council) of Development Application 287/0607/DA for the subdivision of land and the construction of a retail and commercial building and associated parking at 38 Gourock Avenue Goulburn (the site). The site 2 The site is Lot 14 in DP 791940. It generally rectangular in shape with a frontage to Gourock Avenue of 207 m and a frontage to Gibson Street of 109 m and a total site area of 2.146 hectares. It is generally flat and currently contains a Seventh Day Adventist Church.